Madras High CourtWP/8779/2020disposed of

Puliyankurichi Yeri Pasana v. The District Collector

2020-07-03Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2020 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.8779 of 2020 Puliyankurichi Yeri Pasana Vivasayigal Nala Sangam, Regd.No.SRG/Salem East/32/2020, Rep.by its President, P.Ramanathan, S/o.Palanimuthu, No.1/199-A, Kizhakkadu, Puliyankurichi Post, Gangavalli Taluk, Salem District.

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Petitioner versus 1.The District Collector, Salem District, Salem.

2.The Executive Engineer, Public Works Department, Water Resources, Salem, Salem District.

3.The Assistant Executive Engineer, Public Works Department, Thalaivasal Circle, Salem East, Salem District.

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Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to hand over the Kudimaramath Works in respect of the Puliyankurichi Yeri, Puliyankurichi Village, Gangavalli Taluk, Salem District to the members of the petitioner Sangam within a stipulated time.

For Petitioner : Mr.C.Prakasam For Respondents: Mr.J.Ramesh Additional Government Pleader

O R D E R

Mr.J.Ramesh, learned Additional Government Pleader, takes notice for the respondents. By consent of both the parties, the main Writ Petition is taken up for final disposal at the admission stage itself.

2.The prayer made in the present Writ Petition is to issue a Mandamus, directing the respondents to hand over the Kudimaramath Works in respect of the Puliyankurichi Yeri, Puliyankurichi Village, Gangavalli Taluk, Salem District, to the members of the petitioner Sangam, within a stipulated time https://hcservices.ecourts.gov.in/hcservices/

to be fixed by this Court.

3.According to the petitioner Sangam, the Government issued G.O.(Ms).No.98, Public Works (W1) Department, dated 22.04.2020, for water bodies restoration in the scheme of 'Kudimaramath - Water Bodies Restoration with Participatory Approach' and implementing the said Kudimaramath works in 34 Districts for the year 2020-2021 at the cost of Rs.499/- crores. Hence, the petitioner made a written representation on 30.05.2020 to the respondents, requesting to hand over the Kudimaramath works to them, so as to carry out the same in Puliyankurichi Yeri, Salem District and the said representation is pending without any consideration. Hence, this writ petition.

4.Heard both sides and perused the materials placed before this Court.

5.Considering the limited prayer sought for by the petitioner, without going into the merits of the case, the respondents are directed to consider the representation of the petitioner dated 30.05.2020 and pass appropriate orders, on merits and in accordance with law, after providing an opportunity of personal hearing to the petitioner, within a period of two (2) weeks from the date of uploading the copy of this order in the website.

6.Accordingly, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar sri To 1.The District Collector, Salem District, Salem. 2.The Executive Engineer, Public Works Department, Water Resources, Salem, Salem District.

3.The Assistant Executive Engineer, Public Works Department, Thalaivasal Circle, Salem East, Salem District.

W.P.No.8779 of 2020 A.SK(04/08/2020) https://hcservices.ecourts.gov.in/hcservices/